Things To Know About MiFID Phone Recording
If you are a business owner, you understand that the
current coronavirus pandemic has brought about a lot of challenges, especially
to people in the finance sector, mostly regarding compliance to MiFID
phone recording requirements. Both credit institutions and investment firms
need to record all telephone conversations that are connected with the
investment services and activities’ performance, except the operations of
Multilateral Trading Facilities or MTF and Organised Trading Facilities or OTF.
The Covid-19 pandemic together with the resulting work from
home setups has made it really challenging to comply with MiFID II’s regulatory
requirements. If you are a business owner, you must take reasonable steps to
record voice calls and prevent your employees from making, sending, receiving
phone calls on a privately-owned device that your company cannot record.
Keeping in mind the circumstances that the Covid-19
pandemic has brought about, ESMA, or the European Securities and Markets
Authority, recognizes that recording relevant telephone conversations may not
be practicable for firms. Capturing phone calls may not be attainable, but the
ESMA still expects business owners to take alternative steps to record calls.
Financial service firms first faced challenges with setting
up a new working environment for their employees. Among the problems that they experienced
with remote working are the slow trading speeds as well as balancing the firms’
regulatory obligations with the traders’ right to privacy. Monitoring market
abuse became a lot more challenging because the traders are now free from the
physical supervision as well as monitoring on a trading floor.
The families of the traders can also hear the phone calls
or see the screens containing market-sensitive information. While
confidentiality is always crucial in financial service firms, traders might not
be able to keep their activities secure, mostly when they are using their
personal electronic devices. They must address the new issue brought by the
pandemic to make sure that they can monitor employee communications and comply
with MiFID
call recording requirements.
For more information
on MiFID phone recording, visit our website at https://www.telemessage.com/
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